MR. Babagbemiga A.O. Olaiya V. Engr. Adetokunbo O.A. Coker (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

The parties in this appeal are descendants of one Phillip Taiwo Coker. The appellant is the great grandson of the said Phillip Taiwo Coker while the Respondent is his grand Son.

During his life time, Phillip Taiwo Coker was seised of 84 acres of land and upon his demise, he was survived by two children namely, Mrs Ayodele Akpata, the grandmother of the appellant and Chief Adeniyi Coker, the father of the Respondent.

By the writ of summon filed in 1997 and amended statement of claim dated 5-2-2007 one Alhaji Lookman Adele Gafaru and five others instituted an action against the Appellant and the Respondent herein as Defendants. In paragraph 47 of the said amended statement of the claimants claimed as follows:-

(1) A declaration that the claimant are owners/holders and persons deemed entitled to the Statutory Right of Occupancy over and in respect of all that piece or parcel of land situate, lying and being at Oke Shasha

(Orisinbare) near Idimu Village in the Alimosho Local Government Area of Lagos State and more particularly described and delineated on plan No. KCO/902/MISC/008/2005/LA dated 25th October, 2005 prepared by K.C. OSHIN, licensed Surveyor extracted from plan No. CK/LS/347A/80 dated 22nd July, 1980 drawn by Chief Abolade O. Coker, Licensed Surveyor.

(2) A declaration that the purported terms of settlement dated 25th April, 1988 purportedly signed on behalf of Claimants in suit No, ID/709/84 J.O. Odeyale & others (v) Omotayo Alabi Olaiya & Another was/is without the consent of the Claimants family and it is therefore null and void and of no effect whatsoever.

(3) A declaration that the Defendants all and singular by themselves, servants, agents privies, assigns howsoever called have no interest, title or right in the said piece or parcel of land mentioned in one (1) above.

(4) The sum of N10, 000,000.00 (Ten million) as damages for the trespass committed by the Defendants, their servants, agent, privies or otherwise howsoever on the Claimants land aforesaid.

(5) An Order or perpetual Injunction restraining the Defendants, their servants or agent privies or assigns from entering or further trespassing or otherwise dealing with the said piece or parcel of land situate, lying and being at Oke Shasha (Orisunbare) near Idimu Village in Alimosho Local Government Area of Lagos State of Nigeria.

The suit No. is ID/914/97.

Records show that by an amended statement of defence dated 14-2-2007 the appellant and Respondent sought to defend the suit together. (See pages 81-87 of the Record).

This was however not to be as the 1st defendant subsequently filed a separate statement of defence dated 6th October 1999. The second statement of defence is dated 20th December 2011 and it is headed “Amended statement of defence of 2nd – 4th Defendants”, indicating that two other persons were tater joined as 3rd and 4th defendants in the suit.

However, by a writ of summons dated 27-7-2007 and an amended statement of Claim dated 5-11-2007, the Respondent as a Claimant in the lower court sued the Appellant as defendant wherein he claimed as per paragraph 83(a-c) of the said Amended statement of claim as follows:-